Workplace Sexual Assault Attorney in New York, NY

Holding Your Employer Liable for Sexual Assault or Harassment

Seeking to hold an employer legally responsible for sexual harassment or assault in the workplace is possible, but it is often complex, emotionally challenging, and legally nuanced.

A few reasons it is difficult to hold your employer liable include:

• Legal standards are high. To hold an employer liable, you often must prove that the company knew or should have known about the harassment or assault and failed to take appropriate action.
• Internal policies may shield liability. Employers with anti-harassment policies and grievance procedures may use this to argue they exercised “reasonable care,” which can complicate claims.
• Retaliation fears. Victims may hesitate to come forward out of fear of losing their jobs, being demoted, or suffering reputational harm, especially in smaller companies or industries with tight networks.

When Employers Can Be Held Responsible

Employers can potentially be held liable under certain conditions:

• The perpetrator is a supervisor. If the harasser or abuser was someone with authority over you, the employer may be automatically liable in certain circumstances, especially if the harassment led to a tangible employment action (like firing, demotion, or pay loss).
• They failed to address complaints. If you reported the behavior and the employer failed to investigate or take corrective action, this can strengthen your claim.
• The harassment created a hostile work environment. If the workplace is permeated with severe or pervasive discriminatory intimidation, ridicule, or insult, it may meet the legal standard for a hostile work environment.
• There is evidence of negligent hiring or retention. If the employer knew (or should have known) that the perpetrator had a history of misconduct and still hired or kept them, they may be liable.

While holding an employer accountable is often an uphill battle, it’s not impossible. Many successful cases have led to policy reforms, financial compensation, and safer workplaces, but they require courage, perseverance, and often, legal guidance. If you’re considering this path, surround yourself with support and professional advice. A workplace sexual assault attorney from our co-counsels in NYC is here to help.

Steps to Take After a Workplace Sexual Assault or Sexual Harassment

If you were assaulted or harassed at work, there are several things you can do to protect your health, safety, and right to justice:

• Get to a safe place. Prioritize your physical safety and remove yourself from the situation if possible.
• Seek medical attention if needed. Medical professionals can help with physical and emotional care, and collect evidence if you choose.
• Reach out for support. Talk to someone you trust (e.g., a friend, family member, or counselor).
• Write down all details. Record dates, times, locations, names of witnesses, and what was said or done. If the harassment occurred over text, email, or voicemail, save that communication. If you recorded any harassment or assaults, give those recordings to your attorney.
• Preserve evidence. Save emails, messages, voicemails, or any other communication that could support your account.
• Avoid deleting anything. Keep any relevant records in a safe place, even if you’re not sure you’ll report it right away.
• Inform your supervisor or manager, unless they are the one involved.
• Contact Human Resources (HR) to file a formal complaint.
• Consult your company’s sexual harassment policy. This is often found in the employee handbook or code of conduct.
• File a police report, especially in cases of sexual assault.
• Report to the EEOC if your employer does not act or the harassment continues.
• Consider speaking to a therapist or counselor. Many workplaces offer confidential Employee Assistance Programs (EAPs).
• Join support groups for survivors of workplace harassment or assault.

Know Your Rights

• You have the right to a workplace free from harassment and assault.
• You cannot legally be retaliated against for reporting harassment or assault.
• Contact legal resources if necessary:
  • U.S. Equal Employment Opportunity Commission (EEOC)
  • State-level labor departments or human rights commissions
  • Legal aid services or employment lawyers

Why Trust Us With Your Workplace Sexual Assault Case

If you’ve experienced sexual assault in the workplace, you deserve to work with a trusted ally who will fight for your rights and your future. With over 20 years of experience helping the injured, we have a proven history of results as one of the most widely recognized law firms in the United States. We understand your fear, anger, and uncertainty, and we approach every case with empathy, respect, and unwavering dedication.

We believe the client’s need for justice is paramount. Corporate misconduct and negligence have gone unchecked for too long, leaving victims without recourse. We refuse to let powerful employers or insurance companies exploit those who have already been harmed. Our nationwide reach and partnerships with top law firms mean we can connect you with the right team for you.

You are not alone. Every client we help represents a family and community depending on them, which drives us to go further. Trust us to stand by you, protect your rights, and pursue the justice you deserve.